Ryde Local Environmental Plan 2014 (Amendment No 2) (2015-171) LW 10 April 2015 (NSW)

New South Wales

Ryde Local Environmental Plan 2014

(Amendment No 2)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979.

GAIL CONNOLLY, GENERAL MANAGER, RYDE CITY COUNCIL

As delegate for the Minister for Planning

Ryde Local Environmental Plan 2014 (Amendment No 2)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Ryde Local Environmental Plan 2014 (Amendment No 2).

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

(1)

To the extent this Plan affects permitted or prohibited uses, it applies to land in the

following zones:

(a)	Zone R2 Low Density Residential,
(b)	Zone R3 Medium Density Residential,
(c)	Zone R4 High Density Residential,
(d)	Zone IN2 Light Industrial.

(2)

To the extent this Plan deals with the subdivision of dual occupancies (attached), the

Plan applies to all land to which Ryde Local Environmental Plan 2014 applies.

(3)

To the extent this Plan deals with exceptions to the height of buildings and density controls for multi dwelling housing, the Plan applies to all land in Zone R2 Low Density Residential.

(4)

To the extent this Plan deals with serviced apartments, the Plan applies to land in

Zone B3 Commercial Core in the Macquarie Park Corridor.

(5)

To the extent this Plan deals with additional permitted uses, the Plan applies to land at 436–484 Victoria Road, Gladesville, 131 and 133 Herring Road, Marsfield and 208 Epping Road, Marsfield.

(6)

To the extent this Plan affects heritage items, it applies to the following land at:

(a)	22 and 38 Miriam Road, Denistone,
(b)	62 Terry Road, Denistone,
(c)	32–36 Hillview Road, Eastwood,
(d)	Bedlam Point, Gladesville,
(e)	154 Coxs Road, North Ryde,
(f)	Corner of Horden Avenue and Watson Street, Putney,
(g)	312 Morrison Road, Putney,
(h)	2 Tucker Street, Ryde,
(i)	958 Victoria Road, West Ryde.

4      Maps

The maps adopted by Ryde Local Environmental Plan 2014 are amended or replaced, as the case requires, by the maps approved by the Minister on the making of this Plan.

Schedule 1

Amendment of Ryde Local Environmental Plan

2014

[1]      Clause 1.2 Aims of Plan

Omit clause 1.2 (2) (e). Insert instead:

(e) to improve access to the city, minimise vehicle kilometres travelled, facilitate the maximum use of public transport and encourage walking and cycling,

[2]      Land Use Table, Zone R2 Low Density Residential

Insert in alphabetical order in item 3:

Home businesses; Home industries;

[3]      Land Use Table, Zone R3 Medium Density Residential

Insert in alphabetical order in item 3:

Home businesses; Home industries;

[4]      Land Use Table, Zone R4 High Density Residential

Insert in alphabetical order in item 3:

Home businesses; Home industries;

[5]      Land Use Table, Zone IN2 Light Industrial

Insert in alphabetical order in item 3:

Building identification signs; Recreation facilities (indoor); Wholesale supplies;

[6]      Land Use Table, Zone IN2 Light Industrial

Omit from item 4:

Recreation facilities (indoor);

Wholesale supplies

[7]      Clause 4.1A

Omit the clause. Insert instead:

4.1A	Dual occupancy (attached) subdivisions
(1) Despite clause 4.1, development consent may be granted for the Torrens title subdivision of a lot if:

(a)

before the day Ryde Local Environmental Plan 2014 (Amendment No 2) commences a dual occupancy (attached) has been constructed on the lot or an occupation certificate has been issued for that development, and:

(i)	the lot to be subdivided has an area of at least 580 square metres, and
(ii)	one dwelling will be situated on each lot resulting from the subdivision, and

(iii) each resulting lot will have an area of not less than 290 square metres, or

(b)

on or after the day Ryde Local Environmental Plan 2014 (Amendment No 2) commences a dual occupancy (attached) has been constructed on the lot, and:

(i)	the lot has an area of at least 580 square metres and a road frontage of at least 20 metres, and
(ii)	one dwelling will be situated on each lot that has an area of not less than 290 square metres and a road frontage of not less than 10 metres, and

(iii) an occupation certificate has been issued for that development.

(2) Development consent may only be granted to the strata subdivision of a dual occupancy (attached) on land in Zone R2 Low Density Residential if the land has an area of at least 580 square metres.

[8]      Clause 4.3A Exceptions to height of buildings

Omit clause 4.3A (2). Insert instead:

(2) Despite clause 4.3, the maximum height of a dual occupancy (attached) and a multi dwelling housing on land in Zone R2 Low Density Residential is 5 metres for any dwelling that does not have a road frontage.

[9]      Clause 4.5A Density controls for Zone R2 Low Density Residential

Omit clause 4.5A (b). Insert instead:

(b) each dwelling will have its own contiguous private open space.

[10]      Clause 4.5B Macquarie Park Corridor

Insert after clause 4.5B (4):

(5)

Despite any other provision of this Plan, development consent must not be granted for carrying out development on land in Zone B3 Commercial Core in the Macquarie Park Corridor for the purposes of a serviced apartment unless:

(a)	the development comprises at least 2 self-contained dwellings, and
(b)	all of the dwellings are on the same lot.

[11]      Clause 4.6 Exceptions to development standards

Omit “Map.” from clause 4.6 (8) (ca). Insert instead:

Map,

(cb)

clause 4.1A, to the extent that it applies to the Torrens title subdivision

of a dual occupancy (attached).

[12]      Schedule 1 Additional permitted uses

Omit “commercial premises” from clause 4 (2).

Insert instead “business premises and office premises”.

[13]      Schedule 1

Insert after clause 12:

12A

Use of certain land at 131 and 133 Herring Road, Marsfield and 208 Epping

Road, Marsfield

(1)

This clause applies to land at 131 and 133 Herring Road, Marsfield and 208 Epping Road, Marsfield, being Lot 20 and Part Lots 21 and 22, DP 36459.

(2)

Development for the purposes of a medical centre is permitted with

development consent.

[14]      Schedule 5 Environmental heritage

Omit all matter relating to item 11.

[15]      Schedule 5

Omit the item name of item 39.

Insert instead “North Ryde Public School (Buildings B00J, B00M and B00N)”.

[16]      Schedule 5

Omit the suburb name of item 78.

Insert instead “Putney” and relocate the item in correct alphabetical order.

[17]      Schedule 5

Omit the suburb name of items 125, 219 and 220.

Insert instead “Denistone” and relocate the items in correct alphabetical order.

[18]      Schedule 5

Omit the item name of item 130.

Insert instead “Ryde Public School (Buildings B00A and B00C)”.

[19]      Schedule 5

Omit the item name of item 156. Insert instead “House (Former engineer’s residence)”.

[20]      Schedule 5

Omit the address and property description for item 204.

Insert instead “32–36 Hillview Road” and “Lot 4, DP 546071; Lots 46 and 47, DP 8043” respectively.

[21]      Schedule 5

Insert the following matter at the end of Part 3:

Putney Archaeological site Corner of Hordern Avenue and Watson Street N/A Local A221